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Bombay High Court

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 2916 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

Substantive benefit under SVLDR scheme cannot be denied for technical reasons

May 4, 2023 1650 Views 0 comment Print

Bombay High court held that SVLDR scheme is a dispute resolution scheme. The substantive benefit under the scheme cannot be denied for technical reasons.

HC directed Revenue to examine aspect of limitation afresh in light of SC decision

May 3, 2023 3534 Views 0 comment Print

44 EMB Studio Private Limited Vs Union of India (Bombay High Court) Counsel for the Petitioner submitted that though it is correct that for part of the claim which has been rejected refund was sought after a period of two years, however, the period was extended by the orders passed by the Hon’ble Supreme Court […]

Rejection of GST refund application without granting opportunity of hearing is unsustainable

May 3, 2023 5379 Views 0 comment Print

Bombay High Court held that rejection of refund application without granting an opportunity of hearing is contrary to the proviso to Rule 92(3) of the CGST Act and hence rejection order is liable to be set aside.

Illegal exports of Katamine: HC denies bail to accused

May 2, 2023 1164 Views 0 comment Print

There was no condition to furnish passport in order dated 15th January, 2020. He has furnished documents about business trip to Dubai. It is pertinent to note that the order granting anticipatory bail is challenged before this Court.

HC set-aside Section 148 notice as notice issued without any new tangible material

April 28, 2023 2598 Views 0 comment Print

HC held that issuance of a notice under Section 148 in absence of any new tangible material was nothing but an attempt to review earlier order of assessment passed by A.O.

Complying with provision of section 13A of Goa Public Gambling Act requires payment of license fees

April 27, 2023 1605 Views 0 comment Print

Bombay High Court held that license fee is the price or the consideration for parting with such privilege, which is exclusively owned and controlled by the State Government. Complying with provisions of section 13A of the Goa Public Gambling Act requires payment of the same.

Goa Value Added Tax (12th Amendment) Act, 2020 is an impermissible judicial override defying doctrine of separation of powers

April 27, 2023 1152 Views 0 comment Print

Bombay High Court held that the Goa Value Added Tax (12th Amendment) Act, 2020 is an impermissible judicial override defying the doctrine of separation of powers. Accordingly, respondents, based on the same, cannot deny any of the petitioners the benefits of earlier judicial decisions.

Seizure of ATM Machine of licencee for non-payment of Tax by Property Owner is unjustified

April 27, 2023 912 Views 0 comment Print

Detaining ATM machines of Licensee by Municipal Corporation was totally high handed & We do not approve of such action- HC

Rejection of GST Refund for limitation: HC directs to consider SC orders

April 27, 2023 2502 Views 0 comment Print

Petitioner submitted that it is correct that for part of GST Refund Claim claim which has been rejected refund was sought after a period of two years

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